Disputed Fault When Both Drivers Blame Each Other

Attorney Answer

A driver saying the crash was your fault does not make it your fault, and even if some share of the blame is eventually assigned to you, that reduces what you recover rather than wiping it out. California is a pure comparative fault state. A person who is partly to blame is never barred from recovering; the recovery is cut by the share of fault attributed to them.

The rule starts with Cal. Civ. Code § 1714(a): "Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself." The California Supreme Court in Daly v. General Motors Corp., 20 Cal. 3d 725 (1978), reaffirmed and applied the pure comparative system built on that section: responsibility is assigned in proportion to each party's negligence, and an injured person's recovery is reduced only to the extent that their own lack of reasonable care contributed to the injury. That is why two drivers can each be assigned a percentage, and why neither one's accusation ends the matter.

Which account is accepted is an evidence question, not a contest of assertions. Damage patterns on the two vehicles, the resting positions, debris and skid marks, scene photographs, independent witnesses, any traffic collision report, and data recorded by the vehicles all bear on it. California also has rules governing speed, and a local attorney can tell you how a speeding allegation would be proved and what it would be worth to your side.

Expect the insurers to reach their own liability decisions first, and expect them to disagree. An adjuster's conclusion is not a ruling, and it can be revisited when better evidence appears.

What you can do

1. Report the collision to your own insurer if you have not, even though you say you were not at fault. Most policies require it, and your own coverage may matter if the other side's carrier disputes liability.

2. Preserve the physical evidence now. Photograph both vehicles before any repair, and the scene if you can return to it; keep damaged parts rather than letting a shop discard them.

3. Identify any witnesses and keep their contact information. Independent witnesses are usually the single most valuable thing in a two-story case.

4. Request the traffic collision report from the agency that responded, if one responded.

5. Get medical evaluation if you were hurt, and keep every record and bill. Gaps in treatment are read against injury claims.

6. Do not give a recorded statement to the other driver's insurer, and do not sign a release or a medical authorization, before a local attorney has looked at the file.

Most lawyers offer a brief initial call at no cost, and a few minutes on your specific facts with someone who practices in your area is worth more than any general guidance, including this page.

⏱ Time limits apply. Cal. Code Civ. Proc. § 335.1 generally allows two years for a claim for injury or death, and Cal. Code Civ. Proc. § 338(c)(1) allows three years for damage to a vehicle. Those same periods run in both directions here, since the other driver is making a claim too. Where they stand depends on the actual dates and on circumstances a page cannot see, so have a local attorney review them rather than working from the calendar alone.